2014: Mah. VI]

GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  NO.  VI  OF  2014

MAHARASHTRA NATIONAL LAW
UNIVERSITY  ACT,  2014

(As  modified  upto  the  24th  April  2015)



2015

[ Price Rs.  15.00]

2014: Mah. VI]

(i)

THE MAHARASHTRA NATIONAL LAW UNIVERSITY ACT, 2014.

CONTENTS

PREAMBLE.

SECTIONS.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Short title and commencement.

Definitions.

Establishment and incorporation of universities.

Objects of university.

University open to all.

University to follow Government policy in regard to
reservation,  etc.

Powers and functions of university.

Teaching in university.

Chancellor of university.

Authorities of university.

General Council.

Term of office of members of General Council.

Powers and functions of General Council.

14. Meetings of General Council.

15.

16.

17.

Executive Council.

Term of Office of Executive Council.

Powers and functions of Executive Council.

18. Meetings of Executive Council.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

  H  4046—1

Constitution of Standing Committee and appointment of
ad-hoc committees by Executive Council.
Delegation of powers by Executive Council.

Academic Council.

Constitution of Academic Council.

Powers and functions of Academic Council.

Procedure of meetings of Academic Council.

Finance  Committee.

Selection  Committees.

Officers of university.

Vice-Chancellor.

Registrar.

Head of Departments.

Finance and Accounts Officer.

(ii)

2014: Mah. VI]

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

Other officers and employees.

Provident fund, gratuity and other benefits.

University fund.

Annual accounts and audit.

Financial estimates.

Annual report.

Execution of contracts.

Eligibility for admission of students.

Residence of students.

Honorary  degree.

42. Withdrawal of degree or diploma.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

Discipline.

Regulations.

Appointment of university review commission.

Action not invalidated merely on ground of defect in
constitution, vacancy, etc.

Removal of difficulties at commencement.

Transitory provisions.

Indemnity.

Act to have over-riding effect.

Sponsored schemes.

Power to remove difficulty.

Repeal of Mah. Ord. V of 2014 and saving.

SCHEDULE

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

1

MAHARASHTRA ACT No. VI OF 20141.

[THE MAHARASHTRA NATIONAL LAW

UNIVERSITY ACT, 2014.]

(This Act received the assent of the Governor on the 19th March
2014; assent first published in the Maharashtra Government Gazette,
Part IV, on the 20th March 2014).

An Act to establish and incorporate National Law

Universities in the State for the development and
advancement of legal education and for the purposes of
imparting specialized and systematic instruction, training
and research in systems of law and for the matters
connected therewith or incidental thereto.

WHEREAS both Houses of the State Legislature were not in session ;

AND  WHEREAS the  Governor  of  Maharashtra  was  satisfied  that
circumstances  existed  which  rendered  it  necessary  for  him  to  take
immediate action to establish and incorporate National Law Universities
in the State for the development and advancement of legal education
and for the purpose of imparting specialized and systematic instruction,
training and research in systems of law and for the matters connected
therewith or incidental thereto, for the purposes hereinafter appearing ;
and, therefore, promulgated the Maharashtra National Law University
Ordinance, 2014, on the 18th February 2014 ;

AND WHEREAS it is expedient to replace the said Ordinance by an
Act of the State Legislature ; it is hereby enacted in the Sixty-fifth Year
of the Republic of India as follows :—

1.

(1) This  Act  may  be  called  the  Maharashtra  National  Law

University Act, 2014.

(2) It shall be deemed to have come into force on the 18th February

2014.

Mah.
Ord.  V
of  2014.

Short  title  and
commencement.

2.

In this Act, unless the context otherwise requires,—

Definitions.

(a) “Academic  Council”  means  the  Academic  Council  of  the

university referred to in section 21 ;

25  of
1961.

(b) “Bar  Council  of  India”  means  the  Bar  Council  of  India,

constituted under the Advocates Act, 1961 ;

(c) “Chancellor” means the Chancellor of the university ;
(d)  “Executive  Council”  means  the  Executive  Council  of  the

university referred to in section 15 ;

(e)  “Finance  Committee”  means  the  Finance  Committee  of  the

university referred to in section 25 ;

1 For Statement of Objects and Reasons (in English) see Maharashtra Government
Gazette, Part  V-A,  Extraordinary No.  4,  dated  the  24th  February 2014,  page  22.

  H  4046—1a

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(f) “General Council” means the General Council of the university

referred to in section 11 ;

(g) “Registrar” means the Registrar of the university referred to

in section 29 ;

(h) “regulations”  means  the  regulations  of  the  university  made

under section 44 ;

(i) “Schedule” means the Schedule appended to this Act;
(j) “State Government” means the Government of Maharashtra ;
(k) “teacher” includes Professors, Associate Professors, Assistant
Professors,  Readers,  Lecturers  and  any  other  person  imparting
instructions in the university ;

(l) “university” means the Maharashtra National Law University,

specified in the Schedule ;

(m) “ University  Grants  Commission ”  means  the  University
Grants  Commission  established  under  the  University  Grants
Commission Act, 1956 ;

3  of
1956.

(n) “Vice-Chancellor” means the Vice-Chancellor of the university.

Establishment
and
incorporation
of  universities.

3.

(1) With effect from such date, as the State Government may,
by notification in the Official Gazette, appoint, there shall be established
the universities having the name and headquarters as specified in the
Schedule :

Provided  that,  different  dates  may  be  appointed  for  establishing

different universities.

(2) The State Government may, from time to time, by notification
in the Official Gazette, constitute any new university under this Act by
such  name,  at  such  place  and  with  effect  from  such  date  as  may  be
specified in  such notification, and by  the said notification  also insert
necessary entries in the Schedule by suitably amending the Schedule
and thereupon the Schedule shall stand amended accordingly :

Provided  that,  no  such  notification  shall  be  issued  except  on  a

resolution passed by both Houses of the State Legislature.

(3) Each  university  shall  consist  of  the  Chancellor,  the  Vice-
Chancellor, the General Council, the Executive Council, the Academic
Council and the Registrar.

(4) Each  university  specified  in  the  Schedule,  shall  be  a  body
corporate by the name, having perpetual succession and a common seal
with  power,  subject  to  provisions  of  this  Act,  to  acquire  and  hold
property both movable and immovable, and to contract and shall, by
the said name, sue and be sued.

(5) In  all  suits  and  other  legal  proceedings  by  or  against  the
university,  the  pleadings  shall  be  signed  and  verified  by  the  Vice-
Chancellor  and  all  processes  in  such  suits  and  proceedings  shall  be
issued to, and served on the Vice-Chancellor.

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Maharashtra National Law
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3

(6) The headquarters of the university referred to in sub-section (2)
shall be at such place, as may be specified by the State Government by
notification in the Official Gazette.

4. The objects of the university shall be to advance and disseminate
learning  and  knowledge  of  law  and  legal  processes  and  their  role  in
national development, to develop in the students and research scholars,
a sense of responsibility, to serve society in the field of law by developing
skills in regard to advocacy, legal services, legislation, law reforms and
the like, to organize lectures,  seminars, symposia and conferences to
promote legal knowledge and to make law and legal processes efficient
instruments  of  social  development,  to  hold  examinations  and  confer
degrees and other academic distinctions, and to do all such things as
are incidental, necessary or conducive to the attainment of all or any
of the objects of the university.

5. No  citizen  of  India  shall  be  excluded  from  any  office  of  the
university or from any membership of any of its authorities, bodies or
committees,  or  from  appointment  to  any  post,  or  from  admission  to
any degree, diploma, certificate or other academic distinction or course
of  study  on  the  ground  only  of  sex,  race,  creed,  class,  caste,  place  of
birth, religious belief or profession or political or other opinion. It shall
not  be  lawful  for  the  university  to  impose  on  any  person  any  test
whatsoever of religious  belief or profession in order to  entitle him to
be  admitted  thereto  as  a  teacher  or  a  student  or  to  hold  any  office
therein or to graduate thereat or to enjoy or to exercise any privilege
thereof.

Objects  of
university.

University
open  to  all.

6.

(1) The university shall adopt the policy  of the State Government
and orders issued, from time to time, in regard to the reservation for
Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic  Tribes  and  Other  Backward  Classes  for  appointment  to
different posts of teachers and non-teaching officers and employees and
for the purpose of admission of students and fees structure.

University  to
follow
Government
policy  in
regard  to
reservation,
etc.

(2)  The  university  shall  adopt  the  general  policy  of  the  State
Government in regard to the welfare of various categories of weaker
sections  of  the  society  and  minorities  as  directed  by  the  State
Government  from  time  to  time.

7. The powers and functions of the university shall be,—

(i) to administer and manage the university and such centres for
research,  education  and  instruction  as  are  necessary  for  the
furtherance of the objects of the university ;

(ii)  to  provide  for  instruction  in  such  branches  of  knowledge  or
learning  pertaining  to  law,  as  the  university  may  think  fit  and  to
make  provision  for  research  and  for  the  advancement  and
dissemination of knowledge of law ;

(iii) to organize and undertake extra-mural teaching and extension

services ;

Powers  and
functions  of
university.

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University Act, 2014.

[2014 : Mah. VI

(iv) to hold examinations and to grant diplomas or certificates, and
to confer degrees and other academic distinctions on persons subject
to such conditions as the university may determine and to withdraw
any such diplomas, certificates, degrees or other academic distinctions
for good and sufficient cause ;

(v) to confer honorary degrees or other distinctions in the manner

laid down in the regulations ;

(vi) to fix, demand and receive fees and other charges as may be

laid down in the regulations ;

(vii) to institute and maintain halls and hostels and to recognize
places of residence for the students of the university and to withdraw
such recognition accorded to any such place of residence ;

(viii) to establish such special centres, specialized study centres
or other units for research and instruction as are, in the opinion of
the university, necessary for the furtherance of its objects ;

(ix)  to  supervise  and  control  the  residence  and  to  regulate  the
discipline of the students of the university and to make arrangements
for promoting their health ;

(x) to make arrangements in respect of the residence, discipline

and teaching of women students ;

(xi) to create academic, technical, administrative, ministerial and

other posts and to make appointments thereto ;

(xii)  to  regulate  and  enforce  discipline  among  the  employees  of
the  university  and  to  take  such  disciplinary  measures  as  may  be
deemed necessary ;

(xiii) to institute Professorships, Associate Professorships, Assistant
Professorships, Readerships, Lectureships and any other teaching,
academic or research posts, required by the university ;

(xiv)  to  appoint  persons  as  Professors,  Associate  Professors,
Assistant  Professors,  Readers,  Lecturers,  or  otherwise  as  teachers
and researchers of the university ;

(xv) to institute and award fellowships, scholarships, prizes and

medals ;

(xvi)  to  provide  for  printing,  reproduction  and  publication  of

research and other works and to organize exhibitions ;

(xvii) to  sponsor  and  undertake  research  in  all  aspects  of  law,

justice and social development ;

(xviii) to co-operate with any other organization in the matter of
education, training and research in law, justice, social development
and allied subjects for such purposes as may be agreed upon on such
terms  and  conditions  as  the  university  may  from  time  to  time
determine ;

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Maharashtra National Law
University Act, 2014.

5

(xix) to co-operate with institutions of higher learning in any part
of  the  world  having  objects  wholly  or  partially  similar  to  those  of
the university by exchange of teachers and scholars and generally
in such manner, as may be conducive to the common objects ;

(xx)  to  regulate  the  expenditure  and  to  manage  the  accounts  of

the university ;

(xxi)  to  establish  and  maintain  within  the  premises  of  the
university  or  elsewhere  such  classrooms  and  study  halls,  as  the
university may consider necessary and adequately furnish the same
and to establish and maintain such libraries and reading rooms, as
may appear convenient or necessary for the university ;

(xxii) to receive grants, subventions, subscriptions, donations and
gifts for the purpose of the university and consistent with the objects
for which the university is established ;

(xxiii) to purchase, take on lease, or accept as gifts, or otherwise,
any land or building or works, which may be necessary or convenient
for the purpose of the university, on such terms and conditions, as
it may think fit and proper, and to construct, alter and maintain any
such building or works ;

(xxiv)  to  sell,  exchange,  lease  or  otherwise  dispose  of  all  or  any
portion of the properties of  the university, movable or immovable,
on such  terms as  it may think  fit and  proper without  prejudice to
the interest and activities of the university :

Provided  that,  the  university  shall  not  sell,  exchange,  lease  or
otherwise dispose of movable or immovable property granted by the
State Government without prior approval of the State Government
or without compliance of the terms and conditions on which the State
Government has given approval ;

(xxv) to draw and accept, to make and endorse, to discount and
negotiate  promissory  notes,  bills  of  exchange,  cheques  or  other
negotiable instruments ;

(xxvi)  to  execute  conveyances,  transfers,  re-conveyances,
mortgages, leases, licenses  and agreements in respect  of property,
movable  or  immovable,  including  the  Government  securities
belonging to the university or to be acquired for the purposes of the
university ;

(xxvii) to appoint, in order to execute an instrument or transact

any business of the university, any person as it may deem fit ;

(xxviii)  to  give  up  and  cease  from  carrying  on  any  classes  or

departments of the university ;

(xxix) to enter into any agreement with the Central Government,
State Government, University Grants Commission or other authorities
for receiving grants ;

(xxx) to accept grants of money, securities or property of any kind

on such terms as may be deemed expedient ;

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University Act, 2014.

[2014 : Mah. VI

(xxxi) to raise and borrow money  on bonds, mortgages, or other
obligations  or  securities  founded  or  based  upon  all  or  any  of  the
properties and assets of the university or without any securities and
upon such terms and conditions, as it may think fit, and to pay out
of the funds of the university, all expenses incidental to the raising
of money, and to repay and redeem any money borrowed ;

(xxxii)  to  invest  the  funds of  the  university  or  money  entrusted
to the university in or upon such securities and in such manner, as
it may deem fit and from time to time, transpose any investments ;
(xxxiii)  to  make such  regulations  as  may,  from  time to  time,  be
considered necessary for regulating the affairs and the management
of the university and to alter, modify and to rescind them ;

(xxxiv) to constitute fund for the benefit of the academic, technical,
administrative and other staff, in such manner and subject to such
conditions as may be prescribed by the regulations, such as pension,
insurance, provident fund and gratuity as it may deem fit and to make
such grants as it may think fit for the benefit of any employees of
the  university  and  to  aid  in  the  establishment  and  support  of  the
associations, institutions, funds, trusts and conveyances calculated
to benefit the staff and the students of the university ;

(xxxv) to delegate all or any of its powers to the Vice-Chancellor
of the university or any committee or any sub-committee or to any
one or more members of its body or its officers ; and

(xxxvi) to do all such other acts and things, as the university may
consider  necessary,  conducive  or  incidental  to  the  attainment  or
enlargement of the aforesaid objects or any of them.

Teaching  in
university.

8.

(1) All  recognized  teaching  in  connection  with  the  degrees,
diplomas and certificates  of the university, shall  be conducted under
the control of the General Council, by the teachers of the university,
in accordance with the syllabus prescribed by the regulations.

(2) The  courses  and  curricula  and  the  authorities  responsible  for

organizing such teaching shall be as prescribed by the regulations.

Chancellor  of
university.

9. (1) The Chief Justice of India or his nominee, who shall be a senior
judge of the Supreme Court, shall be the Chancellor of the university.

(2) The  Chancellor  shall  have  the  right  to  cause  an  inspection,  to
be made by such person or persons as he may direct, of the university,
its buildings, libraries and equipments and of any institution maintained
by  the  university,  and  also  of  the  examinations,  teaching  and  other
work conducted or done by the university, and to cause an inquiry to
be made in the like manner in respect of any matter connected with
the administration and finances of the university.

(3) The Chancellor shall, in every case give notice, to the university
of his intention to cause an inspection or inquiry to be made, and the
university shall be entitled to appoint a representative who shall have
the right to be present and be heard at such inspection or inquiry.

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Maharashtra National Law
University Act, 2014.

7

(4) The Chancellor may address the Vice-Chancellor with reference
to the result of such inspection or inquiry, and the Vice-Chancellor shall
communicate to the General Council, the views ·of the Chancellor along
with such advice as the Chancellor may have tendered on the action
to  be  taken  thereon.

(5) The  General  Council  shall  communicate  through  the  Vice-
Chancellor to the Chancellor such action, if any, as it proposes to take
or has been taken on the result of such inspection or inquiry.

10. The following shall be the Authorities of the university : —

(i) the General Council ;
(ii) the Executive Council ;
(iii) the Academic Council ;
(iv) the Finance Committee ; and
(v)  such  other  authorities  as  may  be  declared  as  such  by  the

regulations.

Authorities  of
university.

11.

(1) The General Council shall be the chief advisory body of the

university and it shall consist of the following members, namely:—

General
Council.

(i) the Chancellor ;
(ii) the Vice-Chancellor ;
(iii) the Attorney General of India ;
(iv) one judge of the Supreme Court nominated by the Chancellor ;
(v) the Minister for Higher Education, State of Maharashtra ;
(vi) the Minister for Law, State of Maharashtra ;
(vii)  the  Chief  Justice  of  the  High  Court  at  Mumbai  or  his

nominee ;

(viii) one judge of the High Court at Mumbai to be nominated by

the Chancellor ;

(ix) the Advocate General of Maharashtra ;
(x) the Chairperson of the University Grants Commission or his
nominee  from  among  the  members  of  the  University  Grants
Commission ;

(xi)  the  Chairman,  Bar  Council  of  India  or  his  nominee  from

amongst the members of the Bar Council of India ;
(xii) the Chairman, Bar Council of Maharashtra ;
(xiii) the Secretary or Principal Secretary or, as the case may be,
Additional Chief Secretary, Government of Maharashtra, Higher and
Technical Education Department ;

(xiv) two eminent persons in the disciplines of Social Sciences and

Humanities, to be nominated by the Chancellor ;

(xv) one eminent person in the legal field, to be nominated by the

Chancellor ;

  H  4046—2

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[2014 : Mah. VI

(xvi) one eminent person in the educational field, to be nominated

by the Chancellor ; and

(xvii) two members of the Executive Council who are not otherwise

members of the General Council.

Explanation.—For the purposes of clauses (v) and (vi), if the Minister-
in-charge of Department is the Chief Minister, any Minister nominated
by him shall be the member.

(2) The Chancellor shall be the Chairman of the General Council.

(3) The  Vice-Chancellor  shall  be  the  Secretary  of  the  General

Council.

Term  of  office
of  members
of  General
Council.

12.

(1) The term of office of the members of the General Council,
other than ex-officio  members shall,  subject  to  the provisions  of  sub-
sections (2), (3) and (4), be three years.

(2) Where a member of the General Council becomes such member
by  reason  of  the  office  or  appointment  he  holds  or  is  a  nominated
member, his membership shall terminate when he ceases to hold such
office  or  appointment  or,  as  the  case  may  be,  his  nomination  is
withdrawn or cancelled.

(3) A member of the General Council shall cease to be a member, if
he  resigns  or  becomes  of  unsound  mind  or  becomes  insolvent  or  is
convicted of an offence involving moral turpitude or if such member,
other than the Vice-Chancellor, accepts a full time appointment in the
university  or  if  he  fails  to  attend  three  consecutive  meetings  of  the
General Council without obtaining the leave of the Chancellor.

(4) A member of the General Council may resign his office by a letter
addressed to the Chancellor and such resignation shall take effect as
soon as such resignation has been accepted by the Chancellor.

(5) Any  vacancy  in  the  General  Council  shall  be  filled  either  by
appointment  or  nomination,  as  the  case  may  be,  of  a  person  by  the
respective  authority,  entitled  to  make  the  same  and  the  person  so
appointed or nominated shall hold office so long only as the member
in whose place he is appointed or nominated could have held office if
the vacancy had not occurred.

13. The  General  Council  shall  have  the  following  powers  and

functions, namely:—

(i) to review from time to time the broad policies and programme
of  the  university  and  suggest  measures  for  the  improvement  and
development of the university ;

(ii) to  consider  and  pass  the  resolution  on  the  annual  report,

financial estimates and the audit reports on such accounts ;

(iii) to  perform  such  other  functions  as  it  may  deem  necessary

for the efficient functioning and administration of the university.

Powers  and
functions  of
General
Council.

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Maharashtra National Law
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9

14.

(1) The General Council shall meet at least once in a year. An
annual meeting  of the  General Council  shall be  held on  a date  to be
fixed by the Executive Council, unless some other date has been fixed
by the General Council in respect of any year.

Meetings  of
General
Council.

(2) The Chancellor, when present, shall preside over the meetings.
In the absence of the Chancellor, any member of the General Council
nominated by him shall preside.

(3) A report of the working of the university during the previous year,
together with a statement of receipts and expenditure, the balance sheet
as audited, and the financial estimates shall be presented by the Vice-
Chancellor to the General Council at its annual meetings.

(4) The  meetings  of  the  General  Council  shall  be  called  by  the
Chancellor or in his absence by the Vice-Chancellor either on his own
motion or at the request of not less than ten members of the General
Council.

(5) For  every  meeting  of  the  General  Council,  fifteen  days’  notice

shall be given.

(6) One-third  of  the  sitting  members  of  the  General  Council  shall

form  the  quorum.

(7) Each member shall have one vote and, if there is equality of votes
on any question to be determined by the General Council, the person
presiding over the meeting shall, in addition, have a right of casting
vote.

(8) In case of difference of opinion among the members, the opinion

of majority of members shall prevail.

(9) If any urgent action by the General Council becomes necessary,
the  Vice-Chancellor  may,  permit  the  business  to  be  transacted  by
circulation of papers to the members of the General Council. The action
proposed to be taken, shall not be taken, unless agreed to by a majority
of the members  of the General Council.  The action so taken  shall be
forthwith intimated to all the members of the General Council and the
papers shall be placed before the next meeting of the General Council
for confirmation.

 15.

(1) The Executive Council shall be the chief executive body of

the university.

(2) The administration, management and  control of the university
and income thereof shall be vested with the Executive Council which
shall control and administer the property and funds of the university.

(3) The  Executive  Council  shall  consist  of  the  following  persons,

namely :—

(i) the Vice-Chancellor ;
(ii)  a  member  of  the  General  Council,  who  is  a  judge  to  be

nominated by the Chancellor ;

  H  4046—2a

Executive
Council.

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[2014 : Mah. VI

(iii) the Secretary or Principal Secretary or, as the case may be,
Additional Chief Secretary to Government of Maharashtra, Higher
and Technical Education Department ;

(iv) the Secretary or Principal Secretary or, as the case may be,
Additional  Chief  Secretary,  Government  of  Maharashtra,  Finance
Department;

(v) the  Secretary  or  Principal  Secretary,  Government  of

Maharashtra, Law and Judiciary Department ;

(vi) a member of the General Council, who is a eminent person

in the legal field ;

(vii) a member of the General Council, who is a eminent person

in the educational field ;

(viii) five Professors or Associate Professors of the university to

be nominated by the Vice-Chancellor.

(4) The  Vice-Chancellor  shall  be  the  Chairman  of  the  Executive

Council.

Term  of  Office
of  Executive
Council.

16.

(1) Where  a  person  has  become  a  member  of  the  Executive
Council  by  reason  of  the  office  or  appointment,  he  holds,  his
membership  shall  terminate  when  he  ceases  to  hold  that  office  or
appointment.

(2) A member of the Executive Council shall cease to be a member,
if  he resigns  or becomes  of unsound  mind  or becomes  insolvent or  is
convicted for an offence involving moral turpitude or if a member other
than the Vice-Chancellor or a member of a faculty, accepts a full time
appointment in the university or if he fails to attend three consecutive
meetings of the Executive Council without the leave of the Chairman
of the Executive Council.

 (3) Unless the membership of the Executive Council is terminated
under sub-section (1) or ceased under sub-section (2), the members of
the Executive Council shall cease to be members on the expiry of three
years from the date on which they become members of the Executive
Council but, shall be eligible for re-nomination or re-appointment, as
the case may be :

Provided that, the term of the first Executive Council shall be five

years.

(4) A  member  of  the  Executive  Council  other  than  an ex-officio
member may resign his office by a letter addressed to the Chairman of
the Executive Council and such resignation shall take effect as soon as
it has been accepted by the Chairman of the Executive Council.

(5) Any  vacancy  in  the  Executive  Council  shall  be  filled  either  by
appointment  or  nomination,  as  the  case  may  be,  by  the  respective
authority  entitled  to  make  the  same  and  the  person  so  appointed  or
nominated shall hold office so long only as the member in whose place
he is appointed or nominated would have held office if, the vacancy had
not  occurred.

11

Powers  and
functions  of
Executive
Council.

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

17.

(1) Without prejudice to section 15, the Executive Council shall

have the following powers and functions, namely :—

(i) to appoint, from time to time, the Vice-Chancellor, Registrar,
Librarian, Professors, Associate Professors, Assistant Professors and
other  members  of  the  teaching  staff,  as  may  be  necessary,  on  the
recommendations  of  the Selection Committee  constituted  by  the
regulations for the purpose :

Provided that, no action shall be taken by the Executive Council,
except  in  cases  covered  by  the  second  proviso,  in  regard  to  the
number, qualifications and emoluments of teachers, otherwise than
after consideration of the recommendations of the Academic Council :

Provided further that, it shall not be necessary to constitute any

Selection Committee for making appointments,—

(a) to any supernumerary post ; or
(b) to  the  post  of  the  Professor  of  a  person  of  high  academic
distinction,  eminence  and  professional  attainment  invited  by  the
Executive Council to accept the post ;

(ii) to create administrative, ministerial and other necessary posts,
to determine the number and emoluments of such posts, to specify
minimum qualification for appointment to such posts and to appoint
persons to such posts on such terms and conditions of service as may
be prescribed by the regulations made in this behalf, or to delegate
the powers of appointments to such authority or authorities or officer
or  officers  as  the  Executive  Council  may,  from  time  to  time,  by
resolution, either generally or specifically, direct ;

(iii) to grant, in accordance with the regulations, leave of absence
other than casual leave to any officer of the university and to make
necessary arrangements  for the  discharge of  the functions  of such
officer during his absence ;

(iv) to manage and regulate the finances, accounts, investments,
property,  business  and  all  other  administrative  affairs  of  the
university and for that purpose, to appoint such agents, as it may
think fit ;

(v) to invest any money belonging to the university, including any
unapplied  income,  in  such  stock,  funds,  shares  or  securities,  as  it
may from time to time, think fit, or in the purchase of immovable
property in India, with the like power of varying such investments
from  time  to  time;

(vi) to transfer or accept transfers of any movable or immovable

property on behalf of the university ;

(vii) to enter into, vary, carry out and cancel contracts on behalf
of the university and for that purpose to appoint such officers, as it
may think fit ;

(viii) to provide the buildings, premises, furniture and apparatus
and other means needed for carrying out the work of the university ;

12

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

(ix) to entertain, adjudicate upon, and if it thinks fit, to redress
any  grievances  of  the  officers  of  the  university,  the  teachers,  the
students  and  the  employees  of  the  university,  who  may,  for  any
reason, feel aggrieved, otherwise than by an order of a court ;

(x) to  appoint  examiners  and  moderators,  and  if  necessary  to
remove them and to fix their fees, emoluments and travelling and
other allowances, in consultation with the Academic Council ;

(xi) to select a common seal for the university and to provide for

the custody of the seal ; and

(xii) to  exercise  such  other  powers  and  to  perform  such  other
functions,  as  may  be  conferred  or  imposed  on  it  by  or  under  this
Act.

Meetings  of
Executive
Council.

18.

(1)  The  Executive  Council  shall  meet  at  least  once  in  three
months  and  not  less  than  fifteen  days’  notice  shall  be  given  of  such
meeting.

(2) Six members of the Executive Council shall constitute a quorum

at any meeting thereof.

(3) In case of difference of opinion among the members, the opinion

of the majority shall prevail.

(4) Each member of the Executive Council shall have one vote and
if there shall be equality of votes on any question to be determined by
the  Executive  Council,  the  Chairman  of  the  Executive  Council  or  as
the  case  may  be,  the  member  presiding  over  that  meeting  shall,  in
addition, have a casting vote.

(5) Every meeting of the Executive Council shall be presided over
by the Vice-Chancellor being the Chairman of the Executive Council
and  in  his  absence,  by  a  member  chosen  by  the  members  present  to
preside on the occasion.

(6) If any urgent action by the Executive Council becomes necessary,
the  Vice-Chancellor  may,  permit  the  business  to  be  transacted  by
circulation  of  papers  to  the  members  of  the  Executive  Council.  The
action proposed shall not be taken, unless agreed to by a majority of
members  of  the  Executive  Council.  The  action  so  taken  shall  be
forthwith intimated to all the members of the Executive Council. The
papers shall be placed before the next meeting of the Executive Council
for confirmation.

Constitution  of
Standing
Committee
and
appointment
of ad-hoc
committees  by
Executive
Council.

19.

(1) Subject to the provisions of this Act and regulations made
in this behalf, the Executive Council may, by resolution, constitute such
Standing Committees or appoint ad-hoc committees for such purposes
and  with  such  powers  as  the  Executive  Council  may  think  fit  for
exercising any power or discharging any function of the university or
for enquiring into, reporting or advising upon any matter relating to
the university.

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

13

(2)  The  Executive  Council  may  co-opt  such  persons  to  a  Standing
Committee  or  an ad-hoc  committee  as  it  considers  suitable  and  may
permit them to attend the meetings of the Executive Council.

20. The Executive Council may, by resolution, delegate to the Vice-
Chancellor  or  to  a  committee,  such  of  its  powers  as  it  may  deem  fit,
subject to the condition that the action taken by the Vice- Chancellor
or such committee in the exercise of the powers so delegated shall be
reported at the next meeting of the Executive Council.

Delegation  of
powers  by
Executive
Council.

Academic
Council.

Constitution  of
Academic
Council.

21. The  Academic  Council  shall  be  the  academic  body  of  the
university  and  shall,  subject  to  the  provisions  of  this  Act  and  the
regulations,  have  power  of  control  and  general  regulation  of,  and  be
responsible for, the maintenance of standards of instruction, education
and examination of the university, and shall exercise such other powers
and perform such other functions as may be conferred or imposed upon
it by this Act or the regulations. It shall have the right to advise the
Executive Council on all academic matters.

22.

(1) The Academic Council shall consist of the following persons,

namely :—

(a) the Vice-Chancellor—Chairman ;
(b) three persons from amongst the educationists of repute or men
of letters or members of the learned professions or eminent public
men, who are not in the service of the university, nominated by the
Chancellor ;

(c) a person nominated by the State Government ;
(d) a nominee of the Bar Council of India ;
(e) all the Head of the Departments ;
(f) all Professors other than the Head of the Departments ;
(g) two members of the teaching staff, representing Associate and

Assistant Professors of the university.
(2) The  term  of  the  members  other  than ex  officio  members  and
those whose term is specified in clause (c) of sub-section (1), shall be
three  years :

Provided that, the term of the first Academic Council shall be five

years.

23. Subject  to  the  provisions  of  this  Act  and  the  regulations,  the
Academic Council shall, in addition to all other powers vested in it, have
the following powers and functions, namely :—

Powers  and
functions  of
Academic
Council.

(i)  to  report  on  any  matter  referred  or  delegated  to  it  by  the

General Council or the Executive Council ;

(ii) to  make  recommendations  to  the  Executive  Council  with
regard to the creation, abolition or classification of teaching posts in
the university and the emoluments and the duties attached thereto ;

14

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

(iii) to formulate, modify or revise schemes for the organization
of  the  faculties,  and  to  assign  to  such  faculties  their  respective
subjects,  and  also  to  report  to  the  Executive  Council  as  to  the
expediency  of  the  abolition  or  sub-division  of  any  faculty  or  the
combination of one faculty with another ;

(iv) to make arrangements through regulations for the instruction
and  examination  of  persons,  other  than  those  enrolled  in  the
university ;

(v) to promote research within the university and to require from

time  to  time, reports  on  such  research ;

(vi) to consider proposals submitted by the faculties ;
(vii) to appoint committees for admissions to the university ;
(viii) to recognize diplomas and degrees of other universities and
institutions  and  to  determine  their  equivalence  in  relation  to  the
diplomas and degrees of the university ;

(ix)  to  fix,  subject  to  any  conditions  accepted  by  the  General
Council, the time, mode and conditions of competition for fellowships,
scholarships and other prizes and to award the same ;

(x) to make recommendations to the Executive Council in regard
to the appointment of examiners and if necessary, their removal and
fixation of their fees, emoluments and travelling and other expenses ;
(xi)  to make  arrangements for  the conduct  of examinations  and

to fix dates for holding them ;

(xii) to declare the result of the various examinations or to appoint
committees  or  officers  to  do  so,  and  to  make  recommendations
regarding  the  conferment  or  grant  of  degrees,  honors,  diplomas,
licenses, titles and marks of honor ;

(xiii)  to  award stipends,  scholarships,  medals  and prizes  and  to
make  other  awards  in  accordance  with  the  regulations  and  such
other conditions, as may be attached to the awards ;

(xiv) to publish lists of prescribed or recommended text books and

to publish syllabus of the prescribed courses of study ;

(xv) to prepare such forms and registers as are, from time to time,

prescribed by the regulations ; and

(xvi) to perform, in relation to academic matters, all such functions
and to do all such acts as may be necessary for the proper carrying
out of the provisions of this Act and the regulations.

Procedure  of
meetings  of
Academic
Council.

24.

(1) The  Academic  Council  shall  meet  as  often  as  may  be

necessary, but not less than two times during an academic year.

(2) One-half of the total number of members of the Academic Council

shall form the quorum for a meeting of the Academic Council.

(3) In case of difference of opinion among the members, the opinion

of the majority shall prevail.

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

15

(4) Each member of the Academic Council, including the Chairman
of the Academic Council, shall have right to one vote and if there shall
be  an  equality  of  votes  on  any  question  to  be  determined  by  the
Academic  Council,  the  Chairman  of  the  Academic  Council,  or  as  the
case may be, the member presiding over the meeting, shall in addition,
have a right of casting vote.

(5) Every meeting of the Academic Council shall be presided over by
the Chairman of the Academic Council and in his absence, by a member
chosen by the meeting to preside on the occasion.

(6) If any urgent action by the Academic Council becomes necessary,
the Chairman of the Academic Council may, permit the business to be
transacted  by  circulation  of  papers  to  the  members  of  the  Academic
Council. The action proposed shall not be taken, unless agreed to by a
majority of members of the Academic Council. The action so taken shall
be  forthwith  intimated  to  all  the  members  of  the  Academic  Council.
The  papers  shall  be  placed  before  the  next  meeting  of  the  Academic
Council for confirmation.

25. (1)  There  shall  be  a  Finance  Committee  constituted  by  the

Executive Council consisting of the following, namely :—

Finance
Committee.

(i) the Vice-Chancellor;
(ii) three  members  nominated  by  the  Executive  Council  from
amongst  its  members  out  of  whom  at  least  one  shall  be  a
representative of the Government of Maharashtra ;

(iii) the Finance and Accounts Officer of the university.

(2)  The  members  of  the  Finance  Committee,  other  than  the  Vice-

Chancellor, shall hold office for a term of three years.

(3) The powers and functions of the Finance Committee shall be as

follows, namely :—

(i) to examine and scrutinize the annual budget of the university
and to make recommendations on financial matters of the Executive
Council;

(ii)  to  consider  all  proposals  for  new  expenditure  and  to  make

recommendations to the Executive Council;

(iii) to consider the periodical statements of accounts and to review
the  finances  of  the  university,  from  time  to  time;  and  to  consider
re-appropriation  statements  and  audit  reports  and  to  make
recommendations to the Executive Council;

(iv) to  give  its  views  and  to  make  recommendations  to  the
Executive Council on any financial question affecting the university
either on its own initiative or on reference from the Executive Council
or the Vice-Chancellor.

(4) The Finance Committee shall meet at least twice every year.
Three members of the Finance Committee shall form the quorum.

  H  4046—3

16

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

(5) The  Vice-Chancellor  shall  preside  over  the  meetings  of  the
Finance  Committee,  and  in  his  absence,  a  member,  elected  at  the
meeting  shall  preside.  In  case  of  difference  of  opinion  among  the
members, the opinion of the majority of the members present shall
prevail.

Selection
Committees.

26.

(1) The Executive Council shall constitute Selection Committee
for making recommendations to the Executive Council for appointment
to  posts of  Professors,  Associate  Professors, Assistant  Professors  and
other teachers in the university.

(2) The Selection Committee shall consist of the following members:-
(i) the Vice-Chancellor, who shall be the Chairman of the Committee;
(ii) the Head of the Department concerned, if any, provided he holds
a post not lower than the level of the post for which the selection is to
be made;

(iii) three experts for selecting Professors, Associate Professors and
Assistant Professors nominated by the Vice-Chancellor from amongst
a panel of names recommended by the Academic Council and approved
by the Executive Council.

(3)  The  meeting  of  the Selection Committee  shall  be  convened  by
the  Vice-Chancellor  whenever  necessary.  The  Vice-Chancellor  shall
preside over the meetings of the Selection Committee. Three members
of whom one shall be the expert of the Selection Committee shall form
the  quorum.

27. The following shall be the officers of the university, namely : —

(i) the Vice-Chancellor;
(ii) the Registrar;
(iii) the Head of the Departments;
(iv) the Finance and Accounts Officer; and
(v) such other officers as may be prescribed by the regulations.

Officers  of
university.

Vice-
Chancellor.

28.

(1)  The  Vice-Chancellor  shall  be  appointed  by  the  Executive
Council in accordance with the regulations made in that behalf and in
consultation with the Chancellor :

Provided  that,  the  first  Vice-Chancellor  shall  be  appointed  by  the

Government of Maharashtra, with the approval of the Chancellor.

(2)  Subject  to  the  specific  and  general  directions  of  the  Executive
Council, the Vice-Chancellor shall exercise all powers of the Executive
Council in the management and administration of the university.

(3)  The  Vice-Chancellor  who  shall  be  an  academic  person  and  a
Professor of Law at the university, shall hold office for a term of five
years,  which  shall  be  renewable  by a  resolution  to  that  effect  by  the
Executive Council or upto the age of retirement of the members of the
teaching  staff,  whichever  is  earlier.  Upon  the  expiry  of  his  term,  he
shall continue in office until his successor is appointed and enters upon
his office.

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

17

(4) The Vice-Chancellor shall,—

(i) ensure that, the provisions of this Act, and the regulations are
duly  observed,  and  he  shall  have  all  powers,  as  are  necessary  for
that purpose;

(ii) convene the meetings of the General Council, the Executive
Council, the Academic Council and shall perform all other acts, as
may be necessary to give effect to the provisions of this Act ;

(iii) represent the university in suits or proceedings by or against
the university, sign powers-of-attorney and verify the pleadings or
depute representatives for the purpose;

(iv)  have  all  powers  relating  to  the  proper  maintenance  of

discipline in the university.

(5)  If  in  the  opinion  of  the  Vice-Chancellor,  any  emergency  has
arisen, which requires that immediate action be taken, he shall take
such  action  as  he  deems  necessary  and  shall  report  the  same  for
confirmation  to  the  next  meeting  of  the  authority,  which,  in  the
ordinary course, would have dealt with the matter.

29.

(1) The Registrar shall be appointed by the Executive Council
and he shall be a whole time officer of the university. The terms and
conditions  of  the  service of  the  Registrar  shall  be  as such  as  may  be
prescribed by the regulations.

Registrar.

(2) The Registrar shall be the ex officio Secretary of the Executive
Council,  the  Academic  Council,  the  Finance  Committee  and  the
faculties,  but  shall  not  be  deemed  to  be  a  member  of  any  of  these
authorities.

(3) The Registrar shall,—

(i) comply with all directions and orders of the Executive Council

and the Vice-Chancellor ;

(ii) be the custodian of the records, common seal and such other
property of the university as the Executive Council shall commit to
his charge ;

(iii) issue all notices convening meeting of the Executive Council,
the Academic Council, the Finance Committee, the faculties and of
any committee, appointed by the authorities of the university ;

(iv) keep  the  minutes  of  all  meetings  of  the  Executive  Council,
the Academic Council, the Finance Committee, the faculties and any
committee appointed by the authorities of the university ;

(v)  conduct  the  official  correspondence  of  the  Executive  Council

and the Academic Council ;

(vi) supply the Chancellor, the copies of the agenda of the meetings
of the authorities of the university, as soon as they are issued and
the minutes of the meetings of the authorities, ordinarily within a
month of the holding of the meeting ;

(G.C.P.)  H  4046—4  (2542—4—2015)

18

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

(vii) call  a  meeting  of  the  Executive  Council  forthwith  in  an
emergency,  when  neither  the  Vice-Chancellor  nor  the  officer  duly
authorized is able to act and to take its directions for carrying out
the work of the university ;

(viii) be directly responsible to the Vice-Chancellor for the proper

discharge of his duties and functions ; and

(ix) perform such other duties as may be assigned, from time to

time, by the Executive Council or the Vice-Chancellor.
(4) In  the  event  of  the  post  of  the  Registrar  remaining  vacant  for
any  reason,  it  shall  be  open  to  the  Vice-Chancellor  to  authorize  any
officer in the service of the university to exercise such powers, functions
and duties of the Registrar as the Vice-Chancellor deems fit.

30.

(1) There shall be a Head for each of the Departments in the

university.

(2) The powers, functions, appointments and terms and conditions
of  service  of  the  Head  of  the  Departments  shall  be  such  as  may  be
prescribed by the regulations.

Head  of
Departments.

Finance  and
Accounts
Officer.

31. The Finance and Accounts Officer shall be appointed in such
manner and on such terms and conditions of service and emoluments
and shall exercise such powers and perform such functions as may be
laid down by the regulations.

Other  officers
and
employees.

32.

(1) Subject to the regulations made for the purpose, every other
officer or employee of the university shall be appointed under a written
contract  setting  out  the  conditions  of  service  as  prescribed  by  the
regulations which shall be lodged with the university and a copy thereof
furnished to the officer or employee concerned.

(2) Any dispute arising out of a contract between the university and
any  of  its  officers  or  employees  shall,  at  the  request  of  the  officer  or
the employee concerned or at the instance of the university, be referred
to the Tribunal for arbitration consisting of three members, appointed
by the Executive Council as prescribed by the regulations.

Provident
fund,  gratuity
and  other
benefits.

33. All the permanent employees of the university shall be entitled
to  the  benefit  of  the  provident  fund,  gratuity  and  other  benefits  in
accordance with such regulations as may be framed in that behalf by
the Executive Council.

University
fund.

34.

(1)  For  each  university  under  this  Act,  there  shall  be  a  fund

called a university fund which shall include,—

(i) any contribution or grant made by the State Governments;
(ii)  any  contribution  or  grant  made  by  the  University  Grants

Commission or the Central Government;

(iii) any contribution made by the Bar Council of India;
(iv) any contribution made by the State Bar Councils;

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

19

(v)  any  bequests,  donations,  endowments  or  other  grants  made

by private individuals or institutions;

(vi) income received by the university from fees and charges ; and
(vii) amounts received from any other source.

2  of
1934.
5  of
1970.
40  of
1980.
2  of
1882.

(2) The amount in the said fund shall be kept in a Scheduled Bank
within the meaning of clause (e) of the Reserve Bank of India Act, 1934
or  in  a  corresponding  new  bank  constituted  under  the  Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 or, as
the  case  may  be,  under  the  Banking  Companies  (Acquisition  and
Transfer  of  Undertakings)  Act,  1980,  or  may  be  invested  in  such
securities authorized by the Indian Trusts Act, 1882, as may be decided
by the Executive Council.

(3) The said fund may be employed for such purpose of the university

and in such manner as may be prescribed by the regulations.

35.

(1) The  annual  accounts  of  the  university  shall  be  prepared

under the directions of the Executive Council.

(2) The accounts of the university shall, at least once in a year, be

audited by the auditors appointed by the Executive Council :

Provided that, the State Government shall have the power to direct,
whenever  considered  necessary,  an  audit  of  the  accounts  of  the
university, including the institutions managed by it, by such auditors,
as it may specify.

(3) The accounts when audited shall be published by the Executive
Council and a copy of the accounts together with the audit report shall
be  placed  before  the  General  Council  and  also  shall  be  submitted  to
the State Government.

(4) The annual accounts shall be considered by the General Council
at its annual meeting. The General Council may pass resolutions with
reference thereto and communicate the same to the Executive Council.
The  Executive  Council  shall  consider  the  suggestions  made  by  the
General  Council  and  take  such  action  thereon  as  it  thinks  fit.  The
Executive Council shall inform the General Council at its next meeting
all actions taken by it or the reasons for not taking action.

Annual
accounts  and
audit.

36.

(1) The Executive Council shall prepare before such date as may
be prescribed by the regulations, the financial estimates for the ensuing
year and place the same before the General Council.

Financial
estimates.

(2)  The  Executive  Council  may,  in  case  where  the  expenditure  in
excess  of  the  amount  provided  in  the  budget  is  to  be  incurred  or  in
cases  of  urgency,  for  reasons  to  be  recorded  in  writing,  incur
expenditure subject to such restrictions and conditions specified in the
regulations. Where no provision has been made in the budget in respect
of  such  excess  expenditure  a  report  shall  be  made  to  the  General
Council at its next meeting.
  H  4046—4a

20

Annual  report.

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

37.

(1) The  Executive  Council  shall  prepare  the  annual  report
containing such particulars as the General Council may specify, covering
each financial year and submit it to the General Council on or before
such  date as  may  be prescribed  by  regulations.  The General  Council
may  pass  resolutions  thereon  and  the  Executive  Council  shall  take
action in accordance therewith. The action taken shall be intimated to
the General Council.

(2) Copies  of  the  annual  report  along  with  the  resolution  of  the
General Council thereon shall be submitted to the State Government.
The  State  Government  shall  lay  the  same  before  both  the  Houses  of
the State Legislature at their next earliest session.

Execution  of
contracts.

38. All contracts relating to the management and administration
of the university shall be expressed as made by the Executive Council,
and  shall  be  executed  by  the  Vice-Chancellor  when  the  value  of  the
contract  is  above  ten  lakhs  of  rupees  and  by  the  Registrar,  when  its
value does not exceed ten lakhs of rupees.

Eligibility  for
admission  of
students.

39.

(1) No student shall be eligible for admission to a course of study
for a degree or diploma, unless he possesses such qualifications as may
be prescribed by the regulations.

(2) The students not exceeding one hundred and twenty in number,
shall be admitted on basis of merit through the Common Law Admission
Test (CLAT) conducted by the committee of National Law Universities
or through such process as may be prescribed by the regulations from
time  to  time.

Residence  of
students.

40. Every  student  of  the  university  shall  reside  in  a  hostel
maintained or  recognized by the  university or under  such conditions
as may be prescribed by the regulations.

Honorary
degree.

Withdrawal  of
degree  or
diploma.

41.

If  not  less  than  two-third  of  the  members  of  the  Academic
Council recommends that an honorary degree or academic distinction
be conferred on any person on the ground that he is in their opinion,
by reason of eminent attainment and position, fit and proper to receive
such  degree  or  academic  distinction,  the  General  Council  may,  by  a
resolution,  decide  that  the  same  may  be  conferred  on  the  person
recommended.

42.

(1)  The  General  Council  may,  on  the  recommendation  of  the
Executive  Council,  withdraw  any  distinction,  degree,  diploma  or
privilege conferred on, or granted to, any person by a resolution passed
by the majority of the total membership of the General Council and by
a majority of not less than two-thirds of the members of the General
Council  present  and  voting  at  the  meeting,  if  such  person  has  been
convicted by a court of law for an offence, which in the opinion of the
General Council, involves moral turpitude or if he has been guilty of
gross misconduct.

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

21

(2) No action under sub-section (1), shall be taken against any person,
unless  he  has  been  given  an  opportunity  to  show  cause  against  the
action proposed to be taken.

(3) A copy of the resolution passed by the General Council shall be

immediately sent to the person concerned.

(4)  Any  person  aggrieved  by  the  decision  taken  by  the  General
Council, may appeal to the Chancellor within thirty days from the date
of receipt of such resolution.

(5) The decision of the Chancellor in such appeal shall be final.

43.

(1) The final authority responsible for maintenance of discipline
among the students of the university shall be the Vice-Chancellor. His
directions  in  that  behalf  shall  be  carried  out  by  the  Heads  of
Departments, hostels and institutions.

Discipline.

Regulations.

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the
punishment of debarring a student from an examination or rustication
from the university or a hostel or an institution shall, on the report of
the  Vice-Chancellor,  be  considered  and  imposed  by  the  Executive
Council :

Provided that, no such punishment shall be imposed without giving
the student concerned a reasonable opportunity to show cause against
the action proposed to be taken against him.

44.

(1) Subject to the provisions of this Act, the Executive Council
shall have, in addition to all the other powers vested in it, the power
to make regulations to provide for the administration and management
of the affairs of the university :

Provided that, the Executive Council shall not make any regulation
affecting  the  status,  powers  or  constitution  of  any  authority  of  the
university  until  such  authority  has  been  given  an  opportunity  of
expressing  an  opinion  in  writing  on  the  proposed  changes,  and  any
opinion so expressed shall be considered by the Executive Council :

Provided  further  that,  except  with  the  prior  concurrence  of  the
Academic  Council,  the  Executive  Council  shall  not  make,  amend  or
repeal  any  regulation  affecting  any  or  all  of  the  following  matters,
namely :—

(i) the constitution, powers and duties of the Academic Council ;
(ii)  the  authorities  responsible  for  organising  teaching  in
connection  with  the  university  courses  and  related  academic
programmes ;

(iii)  the  withdrawal  of  degrees,  diplomas,  certificates  and  other

academic distinctions ;

(iv) the establishment and abolition of faculties, departments, halls

and institutions ;

22

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

(v)  the  institution  of  fellowships,  scholarships,  studentships,

exhibitions, medals and prizes ;

(vi) conditions and modes of appointment of examiners or conduct

or standard of examinations or any other course of study ;

(vii) modes of enrolment or admission of students ;
(viii)  examinations  to  be  recognized  as  equivalent  to  university

examinations.
(2) The Academic Council shall have the power to propose regulations
on all the matters specified in clauses (i) to (viii) of sub-section (1) and
matters incidental and related thereto in this regard.

(3) Where the Executive Council has rejected the draft of a regulation
proposed by the Academic Council, the Academic Council may appeal
to  the  Chancellor  and  the  Chancellor,  may,  by  order,  direct  that  the
proposed regulation may be laid before the next meeting of the General
Council for its approval and that pending such approval of the General
Council it shall have effect from such date as may be specified in that
order:

Provided  that,  if  the  regulation  is  not  approved  by  the  General

Council at such meeting, it shall cease to have effect.

(4) All regulations made by the Executive Council shall be submitted,
as soon as may be, for approval, to the Chancellor and to the General
Council at its next meeting, and the General Council shall have power
by a resolution passed by a majority of not less than two-thirds of the
members  present,  to  cancel  any  regulation  made  by  the  Executive
Council and such regulations shall, from the date of such resolution,
cease to have effect.

Appointment
of  university
review
commission.

45.

(1)  The  Chancellor  shall,  at  least  once  in  every  five  years,
constitute  a  commission  to  review the  working  of  the  university  and
to  make  recommendations.

(2)  The  commission  shall  consist  of  not  more  than  three  eminent
educationists, one of whom shall be the Chairman of such commission,
appointed by the Chancellor in consultation with the State Government.
(3) The terms and conditions of appointment of the members shall

be such as the Chancellor may determine.

(4) The commission shall, after holding such enquiry as it deems fit,

make its recommendations to the Chancellor.

(5)  The  Chancellor  may  take such  action  on  the  recommendations

as it deems fit.

Action  not
invalidated
merely  on
ground  of
defect  in
constitution,
vacancy,  etc.

46.

(1)  Notwithstanding  that  the  General  Council,  the  Executive
Council,  the  Academic  Council  or  any  other  authority  or  body  of  the
university is not duly constituted or there is a defect in its constitution
or  reconstitution  at  any  time  and  notwithstanding  that  there  is  a
vacancy  in  the  membership  of  any  such  authority  or  body,  no  act  or
rule or proceedings of such authority or body shall be invalidated on
any such ground or grounds.

2014 : Mah. VI]

Maharashtra National Law
University Act, 2014.

23

(2) No resolution of any authority or body of the university shall be
deemed  to  be  invalid  on  account  of  any  irregularity  in  the  service  of
notice upon any member :

Provided that, the  proceedings of such authority or  body were not

prejudicially affected by such irregularity.

47.

(1) If any difficulty arises with respect to the establishment of
the university or in connection with the first meeting of any authority
of the university or otherwise in first giving effect to the provisions of
this Act and the regulations, the Chancellor may, at any time, before
all authorities of the university have been constituted, by order, make
any appointment or do anything consistent, so far as may be, with the
provisions of this Act and the regulations, which appear to him necessary
or expedient for the purpose of removing the difficulty and every such
order shall have effect as if such appointment or action had been made
or taken in the manner provided in this Act and the regulations :

Provided  that,  before  making  any  such  order  the  Chancellor  shall
ascertain and consider the opinion of the Vice-Chancellor and of such
appropriate authority of the university as may have been constituted.

48. Notwithstanding  anything  contained  in  this  Act,  and  the
regulations  made  thereunder,  the  Vice-Chancellor  may,  with  the
previous approval of the Chancellor and subject to the availability of
funds,  discharge  all  or  any  of  the  functions  of  the  university  for  the
purpose of carrying out the provisions of this Act and the regulations
and for that purpose may exercise any powers or perform any duties,
which by this Act and the regulations are to be exercised or performed
by  any  authority  of  the  university  until  such  authority  comes  into
existence as provided by this Act and the regulations.

49. No suit, prosecution or other legal proceedings shall lie against
and  no  damages  shall  be  claimed  from  the  university,  the
Vice-Chancellor,  the  authorities  or  officers  of  the  university  or  any
other  person  in  respect  of  anything  which  is  in  good  faith  done  or
purporting to have been done in pursuance of this Act or any regulations
made thereunder.

Removal  of
difficulties  at
commencement.

Transitory
provisions.

Indemnity.

50. The provisions of this Act and any regulation made thereunder
shall  have  effect  notwithstanding  anything  inconsistent  therewith
contained  in  any  other  law  for  the  time  being  in  force  or  in  any
instrument having effect by virtue of any law other than this Act.

Act  to  have
over-riding
effect.

51. Whenever the university receives funds from any Government,
the  University  Grants  Commission  or  other  agencies  sponsoring  a
scheme,  to  be  executed  by  the  university,  notwithstanding  anything
contained in this Act and the regulations—

Sponsored
schemes.

(i) the amount received, shall be kept by the university separately
from  the  university  fund  and  utilized  only  for  the  purpose  of  the
scheme; and

24

Maharashtra National Law
University Act, 2014.

[2014 : Mah. VI

Power  to
remove
difficulty.

Repeal  of
Mah.  Ord.
V  of  2014
and  saving.

(ii) the staff required to execute the scheme, shall be recruited in
accordance with the terms and conditions stipulated by the sponsoring
organization.
52.

(1) If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, by order published in the Official
Gazette, not inconsistent with the provisions of this Act, as may appear
to  it  to  be  necessary  or  expedient  for  the  purpose  of  removing  the
difficulty :

Provided that, no such order shall be made after expiry of a period

of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as
may be, after it is made, before each House of the State Legislature.

53.

(1) The Maharashtra National Law University Ordinance, 2014

is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken
(including any notification or order issued) under the said Ordinance,
shall be deemed to have been done, taken or issued, as the case may
be, under  this Act.

Mah.
Ord.  V
of  2014.

SCHEDULE

[(See section 3(1)]

Name of the University
(1)

Headquarter of the University
(2)

1. Maharashtra National Law
University, Mumbai.

2. Maharashtra National Law
University, Aurangabad.

Mumbai.

Aurangabad.

3. Maharashtra National Law

Nagpur.

University, Nagpur.

GOVERNMENT  CENTRAL  PRESS,  MUMBAI

2014: Mah. VI]

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA STATE
Netaji Subhash Road, MUMBAI 400 004.
Phone : 2363 26 93
2363 11 48

2363 06 95,
 2363 40 49

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 261 25 808, 261 24 759, 261 28 920

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 256 26 15

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 265 03 95, 265 04 02

AND THE RECOGNISED BOOKSELLERS

